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Death of candidate.
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33.—(1) If, after the adjournment of a presidential election for the purpose of taking a poll, the presidential returning officer is satisfied before the opening of the poll that one of the candidates has died, the presidential returning officer shall forthwith countermand the poll and thereupon all the proceedings with reference to the election shall be commenced afresh and for that purpose the order appointing days shall be deemed to be cancelled and the Minister shall make a new order appointing days for the purposes of such fresh election.
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(2) If, after the adjournment of a presidential election for the purpose of taking a poll, one of the candidates dies before the issue by the presidential returning officer of his certificate of the result of the poll and, owing to the time at which such death occurs or the time at which it comes to the knowledge of the presidential returning officer or for any other reason, the poll either could not be or is in fact not countermanded under the next preceding sub-section of this section, the following provisions shall have effect, that is to say:—
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(a) the poll shall be held, the votes shall be counted, and the result shall be declared and certified exactly as if such candidate had not died;
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(b) the death of such candidate shall not terminate or prejudice the authority of any agent appointed by or on behalf of such candidate in relation to the election or any part thereof;
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(c) if the deceased candidate is not elected, his death shall not invalidate or prejudicially affect the election of the candidate who is elected;
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(d) if the deceased candidate is elected, the Minister shall, immediately upon the issue by the presidential returning officer of his certificate of the result of the election or the death of such candidate coming to the knowledge of the Minister (whichever later happens) by order cancel such election and direct a fresh election to be held;
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(e) if the election is cancelled under the next preceding paragraph of this sub-section, a fresh election shall be held in accordance with this Act, and the Minister shall, simultaneously with or as soon as practicable after the order cancelling the election, make an order appointing days for the purposes of such fresh election.
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(3) Whenever a fresh election is held under either of the preceding sub-sections of this section, any living candidate who stood nominated for the poll which was countermanded or the election which was cancelled shall, without any fresh nomination, be deemed to stand nominated for such fresh election, but without prejudice to his right to withdraw from his candidature during the ruling upon nominations at such fresh election.
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(4) The appointment of a presidential returning officer for the purposes of a presidential election shall be deemed to extend to and include appointment for the purposes of any fresh election held under this section in relation to such presidential election.
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